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HomeMy WebLinkAboutN.S. 211 - Civil Service CodeORDINANCE NOs No Ss i 11 AN ORDINANCE OF THE CITY OF it,MOSA 9ZACH, CALIFORNIA, ESTAB- LISHING A CfVW SERVICE SYSTEM PROVIIIWO FOR APPOINTMENT OF A CIVIL SERVICE BOARD AND THE, SMLZCTJONO EMPLOYMENT$ CLASSIFICA- TIONS AQVANCEME11iT, SUSPENSION AND, IMSCHARGE Oir ,,APPOINTIVE OFFICERS AN012UPLOYEMS OF THE CITT# AND REPZALINQ ORDINANCE NOs S94s THE PX0PLE OF THE CITY OF IMRMOSA BEACHs CALIFORNIA, 00 =REB'X ORDAIN AS FOLLOW& SECTION 1s PURPOSE The purpose of this ordinance Is, firsts to establish an equitable and uniform system for the selection and promotion of employees of the City of Hermosa Beach on the basis of =@;Fit. experience and record, in order to attrac and raiiiA. a owt. tent avA coartema public servants to handle the City's lxasivwss and adutiaister its affairs= sec to provide worthy officials and employees reasonable security in the retea#oa of their respective positions and afford them an opportunity for advancement according to merit. Toward this objective the foollowiag civil service system is hereby adopted. SECTION,? SCOPE The provisions of this ordinance &ball apply to all offices$ positions and employraebts in the service of the City of Hermoso Beach except the following exemptions: (a) Elective Officers (b) Members of appointive boards, commissions and couunittees (s) persons e4949e4 under Contract to svq*T experts professional or technical services for a definite period of time. (d) Volunteer personnels such as volunteer firemen or civ)1'defeas'e workers who receive no regular compensation from the City. (e) Volunteer or special Fire or Police or Civil Disaster personnel paid on an hourly or per diem basis* (f) City Manager (g) City Attorney (h) Casuals seasonal. part-time, hourly or per diem employees in any office or department of the City. (i) Emergency employees in any office or department of the City. All such positions shall be for the duration of the emergency and shall terminate immediately thezoafter. All offices. positions and employments not exempted in this section shall con• stitute the competitive service of the City of Hermosa Beach. SECTION 3, INELIGIBILITY No person shall be. eligible to anyposition is the compstitive service unless, at the, time established ao ,the final dite on which applicatix*a will be accepted for the position, the person is a citizen of the United Staltah and poaaesst. es at least the minimui, qualifications required for the position. No person who is the husband or wife of any City office:►. of any City employee, or of any member of the Civil Service Board shall be appointed to any salaried position under the City government. In the event an employee becomes married to another City employee. City officer or member of the Civil Service Board, during their period of em• ployment or tenure of office,, employment or office of either party shall terminatz within one year after the effective date of such marital status. SECTION 4, STATUS OF PRESENT EMPLOYEES Any person holding a position included in the competitivie service as defined in this ordinance who, on the effective date of this ordinance, shall haw: served continuously in such position, or in some other position in the competiti,-we service as defined by this ordinance, for a period equal to the probationary period prescribed in the rules for his class, shall assume regular status in the competitive service in the position held on such effective date with(W qualifying test, and shall thereafter be subject in alt respects to the provisions of this ordinawe nud tke-pe,rsaAa.l rules. Any other persona holding positions in the competitive service shall be regarded ,as probationers who •are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The pro- bationary period shall be computed from 'the, date Of appointrx►eAt or employment ,, SECTION S. PERSONNEL OFFICER The City Manager shall be ex•officio Pero onnel'Officer. With the approval of the City Council, the City Manager may delegate any of the powers and duties conferred upon him as Personnel Officer under this ordinance to any other officer or employee of, the- City or may recommend that such powers 2_ duties be performed under contract as provided in Section Z3 of this ordinance. The Personnel Officer shall: (a) Attend all meetings of the Civil Service Board. (b) Administer all the provisions of this ordinance and of the personr rules not specifically reserved to the City Council or the Civil Service Board. (c) Prepare and recommend to the Council revisions and amendment to the personnel rules and regulations= providing, howeverg that revisions and amendments shall first be considered in public hearing before the Civil, Service Board, The City Attorney shall approve the legality of such revisions and amendments prior to their submission to the City Council. (d) Prepare and recom=mend such revisions as he may deem necessa to the Classification Plan and the Annual Salary Resolution. Suck revisions shall become effective upon approval by the Council. SECTION 6. CIVIL SERVICE BOARD There is hereby created a Civil Service Board to consist of five mem bers to be appointed by the City Council. The first Board shall consist of those persons holding appointments a members of the Civil Service Commission at the time of adoption of this ordinar Upon expiration of the terms of each of these persona, their successors shall be appointed by the City Council so their terms shall expire as follows: one on July 15th, 1966; two on July 15th, 1967; and two on July 15the 1968. Thereafte a successor shall be appointed by the City Council for a term of four years. Ar member may be re -appointed, Vacancies on the Board shall be filled by appointment by the City Cooncufor &a unmvi.red ate=, Each member shall serve until his successor is appointed and qualified. A majority vote of the City Council shall be require, to appoint a member, of the Civil Service Board, but a four-fifths vote shall be necessary to remove: any member of the Civil Service Board from, office prior t the expiration. of`his term. Membere of the Civic Service Board shall be 4ualitied electors of WE City. No person shall be appointed to the, Civil Servide Board who holds any salaried public office or employment with this City. No perav a; while a memb4, of the Civil Service Board, shall be eligible for° appointment to any office or employment with this ,City. Membership on then Civil Service Board shall auto- - 3 - matically terminate upon filing notice of: candidacy for an elective office.of this City. At its first regular meeting of each calendar year following effective date of operation of this ordinance, the Civil Service Board shall elect by majority vote one of its members to serve as chairman for a period of one year. The chairman may .be re-elected to serve an additional term, or additional terms, upon a majority vote of approval, The Chairman shall continue to serve until his successor is duly elected and _qualified, The duties of the Chairman shall be such as are usually carried by this type of officer in other boards and commissions as created in the City of Hermosa Beach. SECTION 7 DUTIES OF THE CIVIL SERVICE BOARD The Civil Service Board shall determine the order of business for the conduct of its meetings, and shall meet regularly if so required by the rules, or on call of the Chairman or three members of the Civil Service Board. Three members of the Civil Service Board shall constitute a quorum for the traneacticn of business. The functions of the Civil Service Board shall be; (a) As provided by this ordinance and by the rules and regulations to hear appeals submitted by any person in the competitive, service relative to any Suspension, reduction in pay or alleged violtation of ..this, ordinance or the. personnel' rules and regulations and to certify its findings and recommenations as provided in this ordinance. (b) , Whg4 ,requested by the Council or the Citymanager, the Civil Service Board shall hold hearings and make recommendations on any matter of personnel.administration except dismissals or demotions within the limits of a request of the City Council or the City Jdanager. , SECTION 8 ADOPTION OF RULES AND REGULATIONS The City M.an,ager shall. prepare parsonnel..rule.s and regulations, sub.. ject to the provisions of this ordinance, which shall be adopted and may be amended. from time 4o ,time by.resolution of.thb Council. The rules and regu- lations shall establish, specific procedures, and regulations governtng the followin,,, phases of the perponnel system: ;) Prepare#ion, installation, .,revision and maintenance, of a positirzn classification plan covering all positions in the competitive aer•YY'$X e� including employment standards and qualifications A!or• each clan €-, -4- (b) Preparation, revision and administration of a..plan of compensation directly correlated' with the position classification plan, providing a rate or range of pay for each alas s , (c) Public announcement of all tests and the acceptance of applications for employment. -f t (d) Preparation and conduct,,.of tests and the establishment and use of resulting 'employment lists containing names of persons eligible for appointment.. (e) Certification and appointment of persons from employment lists and the making of temporary and emergency appointments (f) Evaluation of employees during the probationary period. (g) Transfer,, promotion, demotion and reinstatement of employees in the competitive service. (h) Separation of employees from the City'aervice through layoff, sus- pension and dismissal. (1) Standardization of hours of work, attendance and leave regulations, working conditions and the development of employee morale, wel- fare and training. (j) Suitable provision for orderly and equitable ' system 'of grievance and appeals. (k) Content, maintenance and use of personnel records and forms. Notwithstanding other provisions of this ordinance, the rules and regu- lattons shall establish a Board of Appeals as set forth in this ordinance, to hear appeals from actions of dismissal or demotion of officers and employees. SECTION 9. APPOINTMENTS Appointments to vacant positions in the competitive service shall be made its aacordance with persennei rules and rogulaUms. Appointments and pco— motions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selec- tion techniques as achievement and aptitude tests, and other written tests, per - somal interview, performance tests, evaluation of daily work performance, work sampler', or any combinations of these or other recognized selection techniques which will test fairly the qualifications of the candidates. Subject to inspection and review of the Civil Service Board, the Personnel Officer shall prepare, con- duct and grade examinations excepting wherein such functions are performed as set forth in Section 23'(d) of this ordinance. The .Personnel Officer may also provide for suitable physical, medical and psychological tests to be given as a qualiKca- tion for eligibility to appointment. -S- (Amended 4/4/60) The Porsonaei Officm r many require, in addition to competitive tests, a qualifyiipg test or tests which will verify that the appue4un tww w~& c.%& frim. mum qualifying standards set forth for tke position. Appointments shall be mads by the officer in whom the power to make appointments is vested by law from an eligibility list established by the Civil Service Board. In the absence of appropriate employment lists, a temporary appoint» meat may be made by the appointing power of a person meeting the minimum trainiM and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment. The City- Manager, with the approval of four-fifths of the City Council, may extend the period for any temporary appointment to any pesitif%n for not more than thirty days by any one action and the Council shall direct the City Clerk to record such action in the minutes of the meeting of the Council. No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists for service rendered under temporary appointment. During the period of suspension of an employee or pending final action on proceedings to review suspension demotion or dismissal of an employee, such vacancy may be filled by the appointing power on a temporar!�r, basis aubjecC to the provisions of this ordinance and the personnel rules and regulations. When a vacancy exists in a specialized or technical field and the Cir-,), Service Board certifies to the City Council that the supply of qualified personnel in such field is insufficient to provide an appropriate employment list, the City Council may authorize the appointing power to permanently appoint a qualified person to such vacancy. SECTION 10 PROBATIONARY PERIOD All regular appointmentso including promotional appointments, shall be for a probationary period of not lose than six months, except that as to any class of position the rules may provide for an extension of the period for not more than an additional six months. During the probationary period, the "6- may be rejected at any time without right of appeal or hearing. An employee rejected daring the probationary period from a position to which he has been promoted shell be reinstated to the position from which he was promoted. An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to the positic from which he was promoted or transferred if, within six months after such promotion or transfer, action is taken to reject or demote him. SECTION Il. APPLICABILITY OF RULES TO CERTAIN EXEMPT POSITIONS The provisions of the personnel rules and regulations relating to attendance and leaves shall apply to the incumbents of full-time exempt position as set forth in Section 2 hereinabove, SECTION 1Z. APPOINTMENTS SUBJECT TO ORDINANCE The City Manager and any other officer in whom is vested the power to appoint, make transfers, promotions, demotions reinstatements, layoffs, and to .suspend or dismiss employees, shall retain such power, subject to the provisions of this ordinance and the personnel rules and regulations. SECTION 13. DISMISSAL, DEMOTION, SUSPENSION OR REDUCTIO rIN PAY OF EMPLOYEES AND OFFICERS The City Manager and any appointing officer or department head in whom is vested disciplinary or removal power, shall be allowed full freedom in its or in his action on such matters, it being the intent and spirit of this ordinance to provide a fair and just approach to municipal eanployment in order that city employees and officers may be eelected on a basis of merit, but, in no sense, to handicap or curtail the responsible administrative officer in securing efficient service. All persons holding positions in the competitive service shall be subject to suspens<on without pay for a period of not to exceed thirty days, and also demotion or dismissal from office or employment or reduction in pay for misconduct, incompetency, inefficiency, or failure to perforin duties, or to observe the rules and regulations of the department, office; or board, but subject to the right of appeal of the aggrieved party to a Board of Appeals or - 7 - or the Civil Service, Boards in.aecordaace with and in the manner set forth in this ordinance and in the rules and .regulations t , SECTION 14. HEARING ON DEMOTIONS OR DISMISSAIZ Any permanent employee is the competit}ve service who has been de- moted or dismissed shall be entitled to request, a written statement of the reasons for such, action. Such a request must be made. is writing to the person taking such action within three working days, following the action, In the event, the em- ployee requests the statement, he shall receive a written, signed statement specifying in detail the exact reasons for such action within three working days and he shall have three working days time thereafter to answer in writing thereto. In the event the employee files a signed, written answer to the charges„ copies of both this statement of charges and the employee's answer shall be filed with the City Manager. Within ten working days from the date of filing his answer to the written charges& or in the event such written charges have not been made avail- able to him within the time prescribed; then, within ten working days after the action taken to demote or dismiss the employee, he may file a written demand, with the City Manager requesting a hearixg before a Board of Appeals as pro- vided in this ordinance and in the rulw and .regulatique., The City Manager shall forthwith, -file a copy of such written, charges and answer wilt► the Board of male and ordee .n hearing Won the appeal. N IS, BOARD .OF APPEALS There shall be established ,a Board of Appeals to hear..appeals on actionu taken for dismissal or demotion of officers andyemployeess which. Board shall be independent of the City of Ho moss Beach, iaa shall Sot contain, thareon& me=- bers of the City Council* Civil Service Coaoc n3$sion.•or other residents of the City of Hermosa Beach. The Board. of Appeals shall hear only appeal from actions of dismissby, and demotion. When a hearing is ordered pursuant -to this ordiaaaste, the Board c!, Appeals may make, or cause to be madeo such investigation as it may deem nec«3 essary, and thereafter hold a hearing, at which time it $hall hear evidence for and against the party aggrieved.. -8- Written conclusions or findings of the Board of Appeals shall be rendered within ten working days after the conclusion of the hearing, and there- upon certified to the City Manager, the official from whose order appeal was taken and the aggrieved employee. Such findings and conclusions of the Board o Appeals may contain such recommendations as the Board shall deem warranted. The decisions and recommendations of the Board of Appeals and its findings as ,set forth shall be final and conclusive and shall not be reviewable in any court. SECTION 16, HEARINGS ON SUSPENSION REDUCTIONS IN PAY ETC. Any employee in the competitive service shall have the right to appeal to the Civil Service Board relative to any suspension, reduction in pay or alleged violation of this ordinance or the personnel rules and regulations except in the instances where the right of appeal is prohibited by this ordinance, In the event of such action affecting an employee, he shall within one working day thereafter be given a signed, written statement setting forth in full the reasons for such action, a copy of which shall be filed with the Personnel Officer. The employee may thereafter, within three working days, file a request with the Persennel Officer for a hearing on the action, and there- after the Personnel Officer shall call a meeting of the Civil Service Board to convene as a Special Hearing Board within seventy-two (72) hours, excluding Saturdays, Sundays and Holidays, from the date and time the employee request is filed with the Personnel Officer. The Hearing Board may make, or cause to be made, such investigatic as it may deem necessary and tberoafter hold a hearing at which time it shall hear evidence for an against the party aggrieved. Within ten working days after concluding the hearing, the Hearing Board shall certify its findings and conclusions in writing to the City Manager, the official from whose action the appeal was taken and to the employee affected. In the event the Board finds the action taken to have been taken without just cause, the action will be revoked, a: in the case of such finding on an action of suspension or reduction in pay, the employee shall be immediately restored to his previous status and shall be en- titled to his regular pay for the period during which such suspension or seduct3 ..9:. of pay was in effect. The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages. SECTION Ile CONDUCT OF HEARINGS Hearings before the Board of Appeals or the Civil Service Board when sitting as a Hearing Board as provided in this ordinance, need not be conducted according to technical rules relating to evidence and wiftesses, and the hearings may be public or private at the option of the appealing employee. In any investigation or Tearing conducted by the Board of Appeals or the Civil Service Board, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by�sub;poenas issued in the name of the City -and attested by the City Clerk. It shall be the duty ,of the Chief of Police to, cause, all such subpoenas to be served, and re» fusel of a person, to attend or to testify in answer to such subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council., Each member of the Civil Service Board or Board of Appeals shall have the power to administer oaths to witnesses. In the event the personnel rules and regulations shall provide for the Hoard of Appeals to be an established Board or body of a governmental agency, the rules, regulations and procedure of that board• or body for conduct of such hearings may be ,.applied and.govern the conduct of hearings at the option of such. board or body. SECTION 18. ABOLITION OF, POSITION .Whenever in the judgment of the Council it becomes necessary in the interest of econo:ny,or because the necessity for the position or employment no longer exists. the Council may abolish any position or employment in the com- petitive service, and the Personnel Officer shall lay-off# demote or transfer employees thereby affected, in ecrordance with provisions of this ordinance and the Rules and Regulations e Layoff shall be made within classes of ,positions, and ,all provisional employees in the affected class or classes shall be laid off prior to the layoff - 10 - of any probationary employee; all probationary employees in the affected class or classes shall be laid off prior to the layoff of any permanent employee. In the case of a probationary or permanent employee, he shall be permitted to drop back a grade in his classification within his department and continue in service pro- vided he is qualified to perform the duties of the lower grade. The layoff, if any, shall be made in the lowest grade in the department of the employee having the least seniority. For the purpose of determining order of layoff, total cumulative seniority shall, include time served on military leave of absence. Such cumula- tive seniority shall not include time served which was terminated by voluntary resignation from the competitive service. The names of probationary and permanent employees laid off shall be placed upon eligibility lists for classes which, in the opinion of the City Manager, require basically the same qualifications and duties and responsibilities as those of the class of positions from which the layoff was made. Names of persons laid off shall be placed at the top of .eligibility lists in order of their seniority and shall remain on such lists for a period of two years unless re-employed. SECT ION 19. IM PRQPER PO LITI CAL ACTIVITY Any person, holding an office or employment in the competitive setvtce shall not: (a) Seek or accept election, nomination or appointment as an officer of a political club or organization. (b) Take an active part in a county or municipal political campaign. (c) Serve as a member of a committee of such club, organization or circle. (d) Seek signatures to any petition provided for by any law. (e) Act as a worker at the polls or distribute badges, pamphlets, dodgers or handbills of any kind favoring or opposing any candi- date for election or nomination to a County or City office. SECTION 20. ACTIVITIES NOT AFFECTED This ordinance does not prevent any officer or employee in the com- petitive service from: -11- (Amended 4/4/60) (a) Becoming or continuing to be a member -of a.'political club or organization. (b) Attendance at a political mooting, (c) Enjoying entire freedom from all interference in casting his vote. (d) Seeking or accepting election or appointment to public office while on leave of absence. - (e) Seeking signatures to any initiative or referendum petition directly affecting his rates .of pay, hogs of work, retirement, civil ser- vice or other working conditions. (f) Distributing badges, pamphlets, dodgers, or handbills or other participation in any campaign in connection with such petition, if the activity is not carried on during hours of work, os 'when he is dressed in the uniform required in any department of the City Government. The violation of any provision of Sections 19 or 20 is grounds for dismissal of any officer or employee. SECTION 219 DISCRIMINATION No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race, color or religious belief. SECTION 22. SOLICITATION OF CONTRIBUTIONS No officer, agent, clerk or employee under the government of the City, and no candidate.for any City Office shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving any assess - went, subscription, contribution or political service, whether voluntary or invol , untary, for any political purpose whatsoever, from anyone on the employment lists or holding any position under the provisions of this ordinance. No officer or employee in the competitive service shall„ directly or indirectly, solicit, or receive, or be in any manner concerned in soliciting or receiving any, assessments subscription or ,contribution, whether, voluntary or involuntary, • for; any purpose affecting his working conditions from any person other than an officer or employee in the competitive service. SECTION 23. RIGHT TO CONTRACT FOR SPECIAL SERVICE The City Manager shall make recommendations to the City Council regarding the extent to which the City should contract for the performance of - 12 - technical services in connection with the establishment or operation of the civil service system. The Council may Contract with any qualified person or agency for the performance of all or any of the following responsibilities and duties imposed by this ordinance: (a) The preparation of personnel rules and subsequent revisions and amendments thereof. (b) The preparation of a position classification plan and subsequent revisions and amendments thereof. (c) The preparation of a plan of compensation and subsequent revisic and amendments thereof. (d) The preparation, conduct and grading of competitive testR.which shall be only with other public agencies; provided, however, this sub -section shall not otherwise prohibit obtaining materials for preparation of examinationsto be conducted by the City from other than public agencies. (e) Special and technical services on matters relating to personnel administration. SECTION 24. A.PPROPRIATION OF FUNDS The Council shall appropriate such funds as are necessary to carry c3 the provisions of this ordinance. SECTION 95,9 PENALTY FOR VIOLATION Any person. firm or corporation violating any of the provisions of this ordinance shall be daozned 4atjj tA,& zaimdeja&^aoar A54 upon conviction theroa shall b. fishable by a fine of not more than $500.00 or by imprison. ,Knowt for a period of not more than six months or by both such fine, and imprison meat. SI:CTION.26 SEVERABILITY If any section, subsection, subdivision, sentence, clause or phrase o: this ordinance is for any reason held to be unconstitutional. such decision shall not affect the validity of the remaining portions of this ordinance. The electors of the City of Hermosa Beach hereby declare that they would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase thereof, ir. espective of the fact that any one or more sections, sub- sections, subdivisions, sentences, clauses or phrases be declared unconstitutic al. - 13 - (Amended 4,/4/60) SECTION 27. REPEAL OF EXISTING ORDINANCE Ordinance ° No. 594, as it now euists, be and .the same is hereby repealed upon effective date of this ordinance. SECTION 2$. EFFECTIVE DATE This ordinance is* enacted by and for the City of Hermosa Beach pursuant to Article 10 Chapter 3, Division 4 of the Election Code of the State of California, and shall be considered as adopted upon the date that the vote 'is� declared by the City Council$ and shall ego into effect ten (10) days thereafter. SECTION 29 CERTIFICATION The City Clerk shall certify to the adoption of this ordinance by the electors of the City, stating therein 'the total number of votes cast in favor thereof and against adoption. APPROVED and ADOPTED by the following vote of the people on June 7th, 1960: Yes: 2.901 ' Noes: 913 $E51DFNT of the City Gounciland 14AYOR of the City of Hermosa Beach, California APPROVED AS TO FORM AND LEGALITY: City Attorney CITY OF HERMOSA BE` L } COUNTY OF LOS ANGELES j SS STATE OF CALIFORNIA } I, BONNIE BRIGHT, City Clerk of the City of Hermosa Beach. California, do hereby certify that the foregoing Ordinance No. N. S. 211 was duly and regularly adopted by the electors of the City of Hermosa Beach at a Special Municipal Election. -consolidated with the Primary Election on the 7th day of June. 1960. SEAL •14- ek32460 BONNIE BRIGII-IT, City Clerk and Ex -Officio Clerk of this City'Councin of the City of Hermosa Beach, Calif.